Veterans Disability Law

The law governing veterans disability is a broad field. We will help you help you get the benefits you deserve.

The VA claim process was designed to be easy to use by Congress. We make sure your application is properly prepared and we track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you must submit for your appeal, and assist you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you are not happy with the decision. You do not have to list every reason why you disagree with, but only those that are pertinent.

Your NOD can be filed within one year of the date of the unfavorable decision that you are appealing. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD is filed and you have been assigned a date and time for your hearing. You should bring your attorney to the hearing. The judge will review all of your evidence before making a decision. A good lawyer will make sure that all the necessary evidence is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or aggravated by their military service may be eligible for disability benefits. They can receive a monthly monetary payment dependent on their disability score, which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist evansville veterans disability lawyer in filing claims and collect the necessary medical records along with other documents as well as fill out the required forms, and track the progress of the VA.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed if the case is referred to an appeals court.

Our lawyers can help veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian employment or to be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their duties. This could include changes in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a nationwide job placement and business training program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different routes to work. The five options include reemployment at the same employer, rapid access to employment, self-employment and the possibility of employment through long-term service.

An employer may ask applicants whether they require any special accommodations to participate in the selection process, like more time to take tests or to give verbal instead of written answers. However, the ADA does not permit an employer to ask about a person's disability unless the disability is obvious.

Employers who are concerned about possible discrimination against disabled Longview Veterans Disability Law Firm must consider organizing training sessions for all employees to raise awareness and increase understanding of veteran-related issues. Additionally they can contact the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To aid these veterans, the Department of Labor funds EARN an online resource that provides job referrals and information. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. The ADA also restricts the information employers may request about a person's medical history and prevents harassment or discrimination based on disability. The ADA defines disability in terms of the condition that significantly restricts one or more of the major activities of daily life, such as hearing and seeing, walking, breathing. Standing, sitting and working, as well as learning, etc. The ADA excludes some conditions that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their duties. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, providing training, transferring tasks to other positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice that have been specifically designed for people with limited physical strength.